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Personal Injury Blog

Can My Employee Fire Me for Accepting Workers’ Compensation?

Posted July 03, 2018 in Uncategorized

When it comes to dismissing an employee, businesses should proceed with caution if the person is out on workers’ compensation for an injury sustained on the job. This is because, workers’ compensation is considered a protected act, meaning, if an employee is fired from their job during this period of time, they may have the means to seek legal recourse.

Job Related Injuries

When an employee is injured in the workplace, they may require workers’ compensation. Workers’ compensation is a form of insurance that businesses are required to carry. Consulting with an attorney is in your best interest when considering a workers’ compensation claim. You will want to make sure that you are making the best decision based on your situation. Once an employee accepts workers’ compensation benefits, they waive their right to sue their employer for the injuries they sustained. Workers’ compensation can provide coverage and compensation for the following:

  • A portion of their wages
  • Medical expenses for both past, present and future treatment surrounding the injury
  • Retraining for a new job if you are no longer able to return to your previous position
  • If you were permanently injured, you may be eligible for more compensation

There are a number of ways that a person can be injured at work. Some of the most common forms of workers’ compensation accidents includes:

  • Straining your body by lifting or pushing something that weighs a lot, which could result in pulled muscles
  • Motor vehicle accidents
  • Slipping and falling on icy steps or a wet floor
  • Falling off of something such as a ladder or down the stairs
  • Being hit by something
  • Violence in the workplace, especially in positions with a higher risk such as police officers

Unfortunately, workers’ compensation does not give people an exorbitant amount of compensation. The compensation for the wages you have lost only amount to a small percentage of an employee’s paycheck. This can be a hardship to say the least which is why working with an attorney can help when it comes to making sure that the workers’ compensation terms you have agreed to are in your best interest.

Employment Discrimination

Employment discrimination prevents employees or prospective employees from being discriminated against for the following:

  • Sexual Harassment
  • Age
  • Retaliation against an employee
  • Race
  • Ethnicity
  • Disability
  • Religion
  • Sexual Orientation


Filing for workers’ compensation can be a scary thing to contend with. A number of employees choose not to file for workers’ compensation for fear that their employer may retaliate against them. Workers’ compensation is considered a protected act, meaning that an employer cannot fire someone for filing for workers’ compensation. It is important to note that if your employer is able to build a case to fire you that is separate from workers’ compensation, they may be able to let you go. It is illegal to be retaliated against by your employer. If you believe that you have been fired for filing a workers’ comp claim, you will need to be able to prove that your employer has done so. With the help of an attorney, you may be able to gather the necessary documentation to prove that your employer has discriminated against you.

Contact a New York workers comp attorney today so that you can begin reviewing the details of your case with them and determine the appropriate course of action.



Thank you to our friends and contributors at Polsky, Shouldice, and Rosen, P.C. for their insight into work injuries.


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